ARTICLES CONCERNING THE SURRENDER OF OXFORD. OXFORD, Printed by Leonard Lichfield, Printer to the University, A. D. 1646. Articles of Agreement, concluded and agreed by his Excellency Sir Thomas Fairfax, Knight, General of the Forces raised by the Parliament, on the one Party; And the Right Honourable Sir Rich Lane Knight, Lord Keeper of the Great Seal of England, Fr. Lord Cottington, Lord High Treasurer of England. Will. Marq. of Hertford, Edw. Earl of Dorset, Lord Chamberlain of His Majesty's Honourable Household, Tho Earl of Southampton, Francis Earl of Chichester, Francis Lord Seymour, Sir Edw. Nicholas Knight, one of His Majesty's Principal Secretaries of State, all of them being of His Majesty's most Honourable Privy Council, and Sir Thomas Glemham Knight, etc. Governor of Oxford, on the other party: for, and concerning the Rendering of the Garrison of Oxford, as followeth. 1. THat the Garrison of Oxford, with the Castle, Forts, Mounts, and places of Defence whatsoever, with all the Ordnance: Arms, Ammunition, and Provisions of War, with all Magazines, and Stores thereunto belonging, excepting what is allowed in the ensuing Articles, shall be delivered to the General Sir Thomas Fairfax, or whom he shall appoint, without wilful spoil, or embezlement, upon Wednesday, the 24th day of this instant June, at Ten a Clock in the morning, or thereabout. 2. That His Highness the Duke of YORK, shall have an Honourable Convoy to London, where other of His Majesty's Children are, attended by his Officers and Servants, and fitting Accommodation for the removal of his Household and Goods thither, and shall have an honourable Provision befitting his Dignity appointed for him by the Parliament, and to remain there, until His Majesty's Pleasure be known touching his settling there or elsewhere, and then to be disposed accordingly to any place within fourscore miles of London, and shall have such Officers and Servants to continue about him, as the Parliament shall approve. 3. That their Highness' Prince Rupert, and Prince Maurice, shall have Liberty and Passes for themselves with their Servants, Horses, Arms, and Goods, (the number of their Horses for them and their Train not exceeding seaventy,) to repair to any place within fifty miles of London, (so it be not within twenty miles of London, without leave from the Parliament, nor in any Garrison) and there to abide for the space of six Months after the Rendering, free from any molestation by imposition of Oaths, or otherwise; And shall have Passes to go beyond the Seas at any time within the said six Months, with their said Servants, Horses, Arms, and Goods, they engaging themselves upon their Honours not to use the Liberty hereby granted in the mean time to any Hostility against the Parliament of England, sitting at Westminster, or any way wilfully to the prejudice of their Affairs; And they are to have the benefit of such the ensuing Articles, as may concern them. 4. That the Seals called the Great Seal, Privy Seal, the Signet, and the Seals of the King's Bench, Exchequer, Court of Wards, Duchy, Admiralty and Prerogative, as also the Sword of State, shall at such time, and in the presence of two such Persons, as the General Sir Thomas Fairfax shall appoint, be locked up in a Chest, and left in the Public Library. And if any of the aforenamed particulars, shall not be then accordingly produced, the default thereof shall not be charged upon any other person, than such as hath the Custody thereof, and shall wilfully detain or embezzle the same. 5. That Sir Thomas Glemham Knight, etc. Governor of Oxford, with his servants, and all that to him belongs, and all Officers and Soldiers of Horse and Foot, and of the Train of Artillery, (as well Reform Officers and Soldiers, as others) with their servants, and all that partaines unto them, shall march out of the City of Oxford with their Horses and complete Arms that properly belong unto them proportionable to their present or past Commands, Flying Colours, Trumpets sounding, Drums beating, Matches lighted at both Ends, Bullet in their mouths, and every Soldier to have twelve Charges of Powder, March, and Bullet proportionable, and with Bag and Baggage, to any place within fifteen miles of Oxford, which the Governor shall choose, where such of the Common Soldiers as desire to go to their own homes, or Friends, shall lay down their Arms, which shall be delivered up to such as the General Sir Thomas Fairfax shall appoint to receive them. And all Officers and Soldiers, as well Reform, as others, that shall desire to go to their Homes or Friends, shall have the General's Pass and Protection for their peaceable repair to, and abode at the several places they shall so desire to go unto, and shall have Freequarter allowed them in all their march from Oxford, to those several places. The Officers, as well Reform, as other to pass with Equipage of Horses and complete Arms answerable to their present or past Commands, and Common Troopers with their Horses and Swords only, and all to pass with Bag and Baggage as aforesaid: And that all other Officers and Soldiers (in case there be any such) that shall desire to take Entertainment from any Foreign Kingdom or State, shall have freequarter allowed them for 28 days from their march out of Oxford, and shall have Passes for their Officers, not exceeding Ten, with their Horses and two servants a piece to go to London to Treat with any Foreign Ambassador or Agent for Entertainment; And all of them shall have Liberty and Passes to march (the Officers with their complete Arms and Horses proportionable, to their present or past Commands, and the Common Soldiers with their Arms, and all with Bag and Baggage, to the Quarters near to Harwich, or Portsmouth, or to any Port between them, to be transported: Which Arms (except Officers complete Arms and Horses, and Swords for the Common Soldiers, which they may transport) they shall there lay down and deliver to such as the General shall appoint, or unto the Governor of the next Garrison belonging unto the Parliament, who shall take care for their safety during their abode there, and until shipping can be provided and weather seasonable, they paying for their Quarter after the said 28 days expired, and shall assist them for procuring Vessels and shipping for their transportation at the usual Rates accustomed for freight; The Officers and Soldiers, and others before transportation engaging themselves by promise, not to return into this Kingdom in Hostility against the Parliament in Bodies as they go, or in Conjunction with other Forces, or in Command of any Forces invading this Kingdom; And no Oath, or any other Engagement of this, or the like nature to be during their said stay, or at their transportation imposed upon them, saving an Engagement by promise not to do any Act of Hostility, or of wilful prejudice against the Parliament, during their said stay in England. And it is declared, That those of the three Auxiliary Regiments consisting of Gentlemen and their servants, Scholars, Citizens, and Inhabitants, who are not properly of the Garrison in pay: and such Reformed Officers and Soldiers, who shall not be willing to march forth, shall not be forced to march out upon this Article, but shall have the benefit of the following Articles to remove or remain in Oxford, and in all things else which may concern them: And those also who shall march forth, shall have the benefit of the ensuing Articles in all things, except for remaining in Oxford. 6. That the Governor shall be allowed & assisted in the procuring a sufficient number of Carts, Teams and Boats, & other necessaries for the carrying away all goods allowed in these Articles belonging to any Officers, or persons of quality now residing in the Garrison, they paying the accustomed rates, and that such persons as cannot presently through want of Carriages or otherwise, convey them away, shall be assisted with Carriages at any time within three Months for the disposing thereof. 7. That no Officer or Soldier, nor any person whatsoever comprised in this Capitulation, shall be reproached, or have any disgraceful speeches or affronts offered to them, or be stopped, Plundered, or injured in their march, Rendezvous, or Quarters, journeys or places of abode; And if any such thing shall fall out, satisfaction shall be given at the judgement of any two or more of the Commissioners they being equal in number of each party, nor shall the persons aforesaid be enticed, nor any of them be compelled to take up Arms against the King, nor be imprisoned, restrained, sued, or molested for any matter or cause whatsoever, be it of public or private interest, before the rendering of the Garrison, during six months after the rendering thereof. And if any Officer, Soldier or person be sick or wounded, that they cannot at present enjoy the benefit of these Articles, that such persons shall have liberty to stay until they be recovered, and fit accommodation & subsistence shall be provided for them during their stay, and then to enjoy the benefit of these Articles 8. That all Horses, Arms, Money, and other Goods whatsoever, taken as Lawful prize of War, before or during the Siege and now remaining in the City, be continued in the possession of the present possessors. 9 That these Articles shall extend to the use and benefit of all strangers of any foreign Kingdom or State, residing within this Garrison, together with their Wives, Children, Servants, Horses, Arms, Goods, Money and Debts. 10. That all persons included in these Articles, without exception of any (other than the Soldiers, which are to march out upon the 5, Article) shall have liberty during the space of three months after rendering the Garrison) either to remain in Oxford, or to remove themselves, with their Family's Goods, Horses, and all things that properly belong unto them, or to their disposal. And all Noble men, Gentlemen, and persons of quality, with their Arms and other Equipage, to their houses, or friends, without any prejudice to their friends for receiving them. 11. That all Lords, Gentlemen, Clergymen, Officers, Soldiers, and all other persons in Oxford, or comprised in this Capitulation, who have Estates real, or personal, under or liable to Sequestrations according to Ordinance of Parliament, and shall desire to Compound for them (except persons by name excepted by Ordinance of Parliament from pardon,) shall at any time within six months after rendering the Garrison of Oxford, be admitted to compound for their Estates, which composition shall not exceed two year's Revenue for Estates of Inheritance, and for Estates for Lives, Years, and other real and personal Estates, shall not exceed the proportion aforesaid for Inheritances according to the value of them. And that all persons aforesaid whose dwelling Houses are Sequestered, (except before excepted) may after the rendering of the Garrison repair to them, and there abide, convenient time being allowed to such as are placed there under the Sequestrations for their removal. And it is agreed that all the profits, and Revenues arising out of their Estates after the day of entering their names as Compounders, shall remain in the hands of the Tenants, or Occupiers, to be answered to the Compounders when they have perfected their agreements for their Compositions. And that they shall have liberty, and the General's Pass and Protection for their peaceable repair to, and abode at their several Houses or Friends, and to go to London to attend their Compositions, or elsewhere upon their necessary Occasions, with freedom of their persons from Oaths, Engagements and Molestations during the space of six months: And after so long as they prosecute their Compositions, without wilful default, or neglect on their part, except an engagement by promise, not to bear Arms against the Parliament, nor wilfully do any act prejudicial to their Affairs, so long as they remain in their Quarters. And it is further agreed, that from and after their Compositions made, they shall be forthwith restored to, and enjoy their Estates, and all other Immunities as other Subjects together with the Rents and profits, from the time of entering their names, discharged of Sequestrations, & from Fifth, & Twentieth parts, and other Payments and Impositions, except such as shall be general and common to them with others. 12. That no Lords, Gentlemen, Clergymen, Scholars, Officers, Soldiers, Citizens, nor any other persons included in this Capitulation, (except the persons mentioned before, to be excepted from pardon) shall be molested or questioned for any thing said, or done, in or concerning this War, or relating to the unhappy differences between His Majesty and the Parliament, they submitting to Composition, as in the precedent Article; and that the Persons before mentioned to be excepted from Pardon, shall have the benefit of this Article during the space of six months from the rendering of the Garrison, and after, if they be admitted to, and agree for their Compositions. 13. That the persons mentioned before to be excepted from Pardon, shall have Liberty, and the Generals Pass and Protection for themselves, Families, Horses, Goods, and all things that properly belong unto them now in Oxford, to go unto and abide at their own Houses, or their Friends, for the space of six Months after the rendering of the Garrison: and within that time to repair unto London to endeavour Compositions for their Estates, and Indemnity of their persons, and to make their Peace: And if they cannot obtain it, shall have Passes to go beyond the Seas at any time within the said six Months; and that no other Engagement shall be put upon them, save by promise, not to bear Arms against the Parliament, nor wilfully do any act prejudicial to their affairs, so long as they remain in their Quarters. 14. That the Chancellor, Masters, and Scholars of the University of Oxford, and the Governors and Students of Christ's Church, of King H. 8. his Foundation: and all other Heads and Governors, Masters, Fellows, and Scholars of the Colleges, Halls, and Bodies Corporate and Societies of the same University, and the public Professors and Readers, and the Orator thereof, and all other Persons belonging to the said University, or to any Colleges or Halls therein, shall and may according to their Statutes, Charters, and Customs, enjoy their Ancient Form of Government subordinate to the immediate Authority and Power of Parliament: And that all the Rights, Privileges, Franchises, Lands, Tenements, Houses, Possessions, Rents, Revenues, Hereditaments, Libraries, Debts, Goods, and Chattels belonging to the said University, or to Christ's Church, or to any Colleges or Halls in the said University (except such Rents and Revenues as have been already taken and received by Ordinance of Parliament) shall be enjoyed by them respectively as aforesaid, free from Sequestrations, Fines, Taxes, and all other molestations whatsoever for, or under colour of any thing whatsoever relating to this present War, or to the unhappy differences between His Majesty and the Parliament. And that all Churches, Chappells, Colleges, Halls, Libraries, Schools, and public Buildings within or belonging to the City, or University, or to Christ's Church, or the several Colleges or Halls thereof, shall be preserved from defacing and spoil. And if any removal shall be made by the Parliament of any Head, or other Members of the University, Christ's Church, Colleges or Halls, that those so removed shall enjoy their profits during the space of six Months after the rendering of Oxford, and shall have convenient time allowed them for the removal of themselves and their Goods from their Lodgings: Provided that this shall not extend to retard any Reformation there intended by the Parliament, nor give them any liberty to intermeddle in the Government. 15. That the Major, Bailiffs, and Commonalty, and all Corporations within the City, shall enjoy their Ancient Government, and their Charters, Customs Franchises, Liberties, Lands, Goods, and Debts, and all things else whatsoever which belong to them as Corporations subordinat, to the immediate authority and power of Parliament; And shall not be molested or questioned by colour of any thing before the rendering of this Garrison, done or Ordered by them in the Capacity of Corporations, relating to the differences between His Majesty and the Parliament. 16. That the Citizens, and Inhabitants of the City, shall not be charged with freequarter, or billet of Soldiers other then for Lodging, except in urgent time of necessity, and that to be ordered and disposed by the advice of the Major, or his Deputy; And that in all public Taxes they shall be charged proportionably with the County; And that no Scholar, Citizen, or Inhabitant in the University and City of Oxford, shall be troubled, or questioned for taking up Arms in the Garrison by express Command, during the time it was a Garrison, for the defence thereof: And that the Scholars, Citizens, and Inhabitants shall have the benefit of this Capitulation in all things that may concern them. 17. That no Officer, Soldier, or other person who by the Articles are to march out of the City, or Suburbs, or to march in, shall plunder, spoil, or injure any Scholar, Citizen, or Inhabitants, or other person in Oxford, in their Persons, Goods, or Estates, or carry away any thing that is properly belonging to any of them, 18. That all Ladies, Gentlewomen, and other women now in Oxford, whose Husbands, or Friends are are absent from thence, may have passes and protections for themselves Servants and Goods, to go to, and remain at the Houses of their Husbands, or at their Friends, as they shall desire; and to go or send to London, or elsewhere, to obtain the Allowances out of their Husbands or Parents Estates allotted them by Ordinance of Parliament. 19 That such of His Majesty's Household Servants, who shall desire to go to His Majesty, may have free Liberty and Passes to go accordingly at any time within one Month next after the Rendering of the Garrison. And that His Majesty's Householdstuff, and other his peculiar Goods which are now in Oxford, may be carried to His Majesty's House at Hampton Court: And his Servants under whose charge or custody any of them are, shall be allowed and assisted in the procuring of Carts, Boats, and Carriages for the removal of them thither, and there to remain till His Majesty shall otherwise dispose of them, and then to be sent or disposed accordingly. And that such of His Majesty's Servants who are not able for the present to go to him, shall have Liberty, Passes and Protections to go to and remain at His Majesty's said House at Hampton Court, and have liberty to attend the Committee for His Majesty's Revenues, to procure a competent Allowance out of His Majesty's Revenue for their subsistence, until His Majesty shall otherwise provide for, or dispose of them. 20. That all Clergymen now in Oxford, who shall not upon Composition or otherways, be restored to their Church-living, shall have Liberty to go to London to obtain some fitting Allowance for the Livelihood of themselves and their Families. 21. That it is intended, declared, and agreed, That all Persons comprised within these Articles, shall peaceably and quietly enjoy all their Goods, Debts, and Movables, allowed by these Articles during the space of six Months, after Rendering the Garrison: And that they shall be free from all Oaths, Engagements, and Molestations, except an Engagement by promise not to bear Arms against the Parliament, nor wilfully do any Act prejudicial to their Affairs, so long as they remain in their Quarters: and that they shall have Liberty within the space of six Months (in case they shall be resolved to go beyond Seas) to dispose of their Goods, Debts, and Movables, allowed by these Articles, and departed the Kingdom, if they shall think fit: and to have Passes for their Transportation; Or otherwise to stay in the Kingdom. 22. That if any of these Articles shall in any point be broken or violated by any Person or Persons in Oxford, or comprised within this Capitulation, the fault and punishment shall be upon him or them only who made the breach or violation, and shall not be imputed to, or charged upon any other not assenting thereunto, or not an actor in it. 23. That the Duke of Richmond, the Earl of Lindsey, and their Servants that came forth with them, shall enjoy the benefit of these Articles, in whatsoever may concern them. 24 That the Garrison of Faringdon, _____ shall be Rendered to his Excellency Sir Thomas Fairfax, and the Governor, Gentlemen, Soldiers, and all other of what quality soever within those Garrisons, shall enjoy the benefit of these Articles in every particular which may concern them, they Rendering the Garrison accordingly as Oxford. 25. That all Persons comprised in these Articles, shall (upon request) have a Certificate under the hand of his Excellency Sir Thomas Fairfax, or the future Governor of the City, That such Persons were in the City at the time of the Surrender thereof, and are to have the benefit of these Articles. 26. That the General Sir Thomas Fairfax, shall give a Pass to one or two Messengers with their Servants, to go unto the King to give Him an Account of the Proceed upon this Treaty and Conclusion thereof, and to return, and receive the benefit of these Articles. FINIS. Dated at Water-Eaton, June 20th, 1646.